Surrogate mom awarded custody of triplets

Associated Pres |
April 12, 2004

ERIE, Pa. -- A surrogate mother who gave birth to triplets last year and then refused to give them up, saying the biological father and his fiancee showed a lack of interest in the babies, has been awarded legal custody.

A judge said Danielle Bimber, 29, must work out visitation and other rights with the infants' biological father, who had also sought custody.

"It is the hope of this court that a custodial tug-of-war will not begin here," Erie County Judge Shad Connelly said in his April 2 ruling.

He added that he hoped state lawmakers would address surrogacy matters in the future. Pennsylvania is one of 19 states without a law governing surrogacy.

James Richardson, attorney for the biological father identified in court records as J.F., said his client will appeal.

Bimber agreed to become a surrogate mother with the Marion, Ind.-based agency Surrogate Mother Inc. at the end of 2001. The agency matched Bimber with J.F. and his fiancee, and located an egg donor. The infants were born slightly premature on Nov. 19.

Bimber testified she changed her mind about giving up the triplets because she was concerned about how J.F. and his fiancee acted after they were born. She said they failed to name the children, didn't visit during the hospital stay and went to their home out of state shortly after the birth.

She asked the staff at the hospital if she could take the infants home and because it had no policy regarding surrogate births, she was allowed to do so. J.F. and his fiancee also had failed to provide the hospital with a court order allowing them to take the infants home.

Bimber then went to court seeking custody.

Connelly said Bimber should be considered the triplets' legal mother because she "carried them in her womb and then gave birth to them."